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Federal Judge Rules Against ACLU, Refuses To Block Kanas Law That Bans Abortion Coverage In Health Insurance…

Score one for life.

WICHITA (AP) — A federal judge refused Thursday to block enforcement of a new Kansas law that restricts insurance coverage for abortions.

U.S. District Judge Wesley Brown rejected a request from the American Civil Liberties Union for a temporary injunction while the group challenges the law in court. Brown said the ACLU, which filed its lawsuit in August, failed to back its claim that legislators who passed the law this year primarily intended to create obstacles to obtaining abortions.

The Kansas law took effect July 1. It prohibits insurance companies from offering abortion coverage as part of their general health plans, except when a woman’s life is at risk. Those who want abortion coverage would have to buy supplemental policies, known as riders, covering only abortion.

In his 19-page order, Brown wrote the ACLU’s argument “lacks any evidentiary showing that the law actually has the effect of creating a substantial obstacle to obtaining an abortion.”

Brown, who at age 104 is the nation’s oldest sitting federal judge, followed the recommendation of U.S. Magistrate Judge Kenneth Gale, who had a hearing in the lawsuit earlier this month. Gale concluded the ACLU failed to prove any of its members would be harmed by the law, which is required when seeking a temporary injunction.

The insurance law was among several major anti-abortion initiatives approved by Kansas legislators and signed into law this year by Gov. Sam Brownback, a Republican who called upon lawmakers to create “a culture of life” after taking office in January.

Posted by ZIP on Thursday, September 29, 2011, at 7:00 pm | Like Tweet

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16 comments
  1. soren says:
    September 29, 2011 at 7:06 pm

    BTW, notice this judge is 104 years old… he was born during the Roosevelt administration… the Teddy Roosevelt administration… and was appointed by John F Kennedy.

  2. Rocketman says:
    September 29, 2011 at 7:11 pm

    Score one for babies everywhere. Thank you Kansas.

  3. Diamond Girl says:
    September 29, 2011 at 7:11 pm

    Hallelujah!

  4. NonCentsical says:
    September 29, 2011 at 7:16 pm

    Is Kanas beside Wyorado?

  5. Trialdog says:
    September 29, 2011 at 7:28 pm

    Babies only get a temporary reprieve. The judge said the ACLU lacked evidence. Now, they’ll go create some. Then they come back. This is how the left operates.

  6. Arabianmoondog says:
    September 29, 2011 at 7:29 pm

    104?? Holy shit that’s awesome!

  7. Blacksmith8✡ says:
    September 29, 2011 at 7:34 pm

    Now that’s the Kansas I used to live in.

    That’s the Kansas that elected Sam Brownback

  8. Georgia Patriot says:
    September 29, 2011 at 7:44 pm

    Thank you, Judge Brown.

  9. Teresa in Fort Worth says:
    September 29, 2011 at 7:57 pm

    I couldn’t get PAST his age – I mean, I’m thrilled for the ruling, and thrilled that he’s on our side, but jeez!!!!

    We were giving Robert Byrd a hard time, and he was a lot younger than this guy -

  10. bitterclinger says:
    September 29, 2011 at 8:32 pm

    G-d bless you, Judge Brown. Sooner or later you’ll have this one to add to your resume (*looks heavenward*) up there.

  11. Talkeetnaman says:
    September 29, 2011 at 9:31 pm

    With 30% of the woman that have abortions end up with breast cancer the insurance companies can probably argue this if they have to go to court. There is a lot of proof of this but many that are pro- abortion in the medical community don’t want you to know it. Can you guess what would happen is a doctor tells a a lady to get an abortion without this risk being told and years later she has breast cancer. Another thing is Planned Parenthood never tells you this risk… Hmm wish I were a lawyer cause I could get all the ladies that had abortions at Planned Parenthood and ended up with breast cancer to file a class action suit against them. That would shut them down. Are there any lawyers out there reading this?

  12. Dave says:
    September 29, 2011 at 9:55 pm

    I can’t believe you haven’t changed Kansas yet. Come on guys.

  13. Aarradin says:
    September 29, 2011 at 11:44 pm

    The real outrage here is that somehow it would be illegal for Legislators in Kansas to have passed this bill if their ‘motivation’ had been to “create obstacles to obtaining abortions.”

  14. Spurwing Plover says:
    September 30, 2011 at 12:41 am

    CHRIST IS SMILING FOR THIS GOOD JUDGE

  15. Spurwing Plover says:
    September 30, 2011 at 11:08 am

    No more blood money for abortions reverse ROE vs WADE

  16. Mary De Voe says:
    September 30, 2011 at 8:58 pm

    “Honor thy mother and thy father that thou shalt be long lived upon the face of the earth” the Fourth Commandment and the only commandment to carry a promise. Evidently Judge Brown honored his parents. Long live JUDGE BROWN

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